No it’s applicable since you apply
Passport Act 12(b)
One of my known person gave wrong address in passport application of a minor ( both temporary and permanent address ). the minors passport was not granted as other parent did not sign in the application . when a complaint was made to passport office on wrong address based on passport act 12(b) ,passport authority replied as follows "It is to inform that the file is not vet granted by this office and therefore, no action can be Initiated." can some one confirm , if passport act is applicable or not to any deliberate wrong information in passport during passport application stage ..? will passport act applicable only after passport is granted ..?
Asked 6 days ago in Criminal Law
Religion: Hindu
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12 Answers
the minors passport is applied from Hyderabad passport office, how ever the minor kid is from Bangalore, the kids school records from LKG to current class(7th class ) show the schools of Bangalore. if we have file as legal case for this violation..? where it need to be filed..? Bangalore or Hyderabad .? can it be filed in a court through a lawyer ..? as passport office is not acting
Asked 6 days ago
You have to send notice to the Passport Authority showing the violations , if any and seeking the cancellation of the same.
If on recipe of your complaint the Passport Authority refuses to act , you can file writ petition for the remedies to be redressed by court.
It is an offence under the Passports Act 1967 to furnish false information in the application
2) Passport facilities could be denied on grounds of suppression of material information, submission of incorrect particulars, wilful damage/loss of passport or for unauthorized alterations/tampering.
It should be filed in Hyderabad as false application was filed in Hyderabad
Yes, the Passports Act applies to providing false information, even if the passport has not been granted. Legal action for deliberate wrong information can be filed. You may choose to file the case either in Bangalore (where the minor resides) or Hyderabad (where the application was made). It’s recommended to consult a lawyer to file the case or escalate the complaint with the passport authority.
passport act 12 (b)knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act.
Section 12(1)(b) of the Passports Act, 1967 states that the punishment for holding a forged passport or travel document is imprisonment for a minimum of one year and a maximum of five years, along with a fine of a minimum of ten thousand rupees and a maximum of fifty thousand rupees.
Other offenses under Section 12(1) of the Passports Act, 1967 include:
Contravening the provisions of Section 3
Knowingly providing false information or suppressing material information to obtain a passport or travel document
Altering or attempting to alter entries in a passport or travel document without lawful authority
If you feel that the passport authority is deliberately not entertaining your application you can move a complaint against the officer who is doing it.
You have to lodge the complaint against the officer where you have applied for passport.
Your complaint can be addressed to the higher or controlling authority.
These cases are very common in various Courts of India. I can understand your concern in this regard. My team has dealt with various cases of such nature.
Section 12 (1) (b) states knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document.
Please understand that you have to satisfy the passport authority that addresses mentioned in the application was not written with ill motive but it was only a inadvertent error. Further, that you have not aware about this issue prior to applying for the passport and you have not knowingly provided the false information.
Hon’ble Supreme Court has time and again held in various judgements that the right to travel abroad is an inseverable part of the fundamental right to dignity and personal liberty. Therefore, you can send a representation to the passport authority in writing through lawyer. The representation acts as a tool for amicable settlement. It opens a channel for negotiation, avoiding the lengthy and expensive litigation process. Parties may resolve disputes through discussions or alternative dispute resolution mechanisms after receiving a representation.
In case, the issue is not resolved by representation, then the Writ Petition be filed in Hyderabad High Court seeking appropriate direction(s) in this regard.
You may contact my secretary to connect with me for clarification.
Dear Client,
In the case of the minor's passport application with incorrect addresses, Section 12 of the Passports Act, 1967 states that providing false information in a passport application can lead to penalties, including imprisonment and fines. This provision applies regardless of whether the passport has been granted or not, meaning that deliberate misrepresentation during the application process is actionable.
If you wish to pursue legal action due to the incorrect information provided, you can file a case in either Bangalore or Hyderabad. The choice of jurisdiction typically depends on where the cause of action arose. Since the application was submitted in Hyderabad but relates to a minor from Bangalore, both locations may be viable. However, filing in Hyderabad may be more strategic given that it is where the passport office processed the application.
You can initiate proceedings through a lawyer in a civil court or consider filing a writ petition if you believe there has been an infringement of rights or failure to act by the passport authority.
Hope this answers your query.
It needs to be filed where such documents are given by the party
- As per law, If any correction is needed after submission of the application, applicant can update the same even after visit to the RPO concerned.
- No passport Act will be applicable if the Passport has not been issued to the applicant.
- The Passport Act, particularly Section 12(b), is applicable to instances of providing false information in a passport application, regardless of whether the passport has been granted. The intent to mislead the authority is a critical factor. It is advisable for the concerned individual to rectify the inaccuracies in the application and resubmit it to avoid potential legal repercussions under the Passport Act. If the passport authority continues to dismiss the complaint based on the lack of a granted passport, consider seeking judicial review or filing a writ petition to compel the authority to act on the complaint regarding the false information provided.
According to the Passport Act, 1967, the passport authority has the discretion to verify the correctness of the information provided in the application, including the applicant's address and parentage If the passport authority is not acting on the application, the aggrieved party can seek redress through the judiciary. Given that the minor resides in Bangalore and the school records are from Bangalore, it would be appropriate to file the case in Bangalore. The local jurisdiction is typically where the minor resides, as this aligns with the principles of convenience and relevance to the minor's welfare.
- A legal case can be filed through a lawyer in the appropriate jurisdiction (Bangalore) if the passport office is not acting on the application. The case could be framed as a writ petition under Article 226 of the Constitution of India, seeking a mandamus to direct the passport authority to process the application for the minor's passport.
